What is the difference between a barrister and a solicitor?

[Andy008]

Thanks

[Peter Pedant]

The short answer is that the Barrister pleads in court and the Solicitor does the rest (prepares the case, but also does things like conveyancing and wills)

That said, there are about a zillion exceptions

A solicitor can plead in court....

and barrister can give opinions and not appear in court

and so on and so on.

The big flaw in 'In the name of the Father' is that Gareth Pierce - a live solicitor - bawls out the Court of Appeal in a scene, when she couldnt because she is a solicitor and does not have right of audience

[but they do now because the rules have changed]

[Hgrove]

I believe (though I am happy to be corrected on this point) that solicitors have been given limited rights of audience in the lower Courts, but you would still need a barrister to represent you in the Court of Appeal / HoL.  Historically, they have been separate professions.  Barristers work in Chambers as self-employed. Solicitors are usually employed or partners in partnerships or limited liability partnerships.  Clients go to a solicitor to be advised.  The solicitor may decide to seek Counsel's (barrister's) opinion on something;  also, if they decide to go to Court, the Sol. will instruct Counsel.  I.e. you and I deal with sols, not barristers.  Often, you will never even have met your barrister until the day you turn up in Court where your case will be heard.  Hence, Barristers depend on Sols. for their livelihood.  They need sols. to instruct them, and pay them.  You and I pay the sol.  When sols. were given rights of audience, barristers worried it was the end of the line for them, but it has not come to pass.

[Miss Zippy]

A good analogy is that a solicitor is like your GP and a barrister is like a hospital Consultant.  Solicitors, like GPs, have sufficient knowledge and expertise to be able to diagnose most everyday (legal) problems and prescribe a remedy.  However, where a case is particularly complex and/or cannot be settled without a Court hearing, then a specialist will be brought in, the barrister (however, solicitors can now have advocacy rights in the higher courts if they complete a Higher Rights Qualification).  Barristers tend to specialise in one or two very narrow areas of law whereas solicitors traditionally have been more �jack of all trades� (although the trend is now for solicitors to be more specialist in two or three areas). Barristers cannot advise members of the public direct; they can only accept clients through a solicitor.  Also, whereas solicitors can pick and choose which cases they take on, a barrister can�t (they are obliged to take on cases as they are presented, which is seen as being in the public interest so that even unpopular clients can receive representation � called the �cab rank� pricniple). Both solicitors and barristers can be promoted to all levels of the judiciary (before 1990, solicitors could only be promoted so far as circuit judge level).

[rinkytink]

 

A solicitor can represent you in a magistrates court. Only a Barrister can represet you in a crown court.